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HomeMy WebLinkAboutCAG2007-0850 - Original - Frank Ferrante Productions, Inc. - Spotlight Series: An Evening with Groucho - 08/09/2007 Records Management KENT Document WnS.i.CTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: Vendor Number: I l(Q * JD Edwards Number Contract Number: ``0-J 31 This is assigned by Deputy City Clerk Description: lwl Detail: Project Name: 411L �L Contract Effective Date: Termination Date: svLW Contract Renewal Notice (Days): l l) Number of days required notice for termination or renewal or amendment VA Contract Manager:*LI 10400 Department: POLI Abstract: 5 Public\RecoidsManogemenl\Foims\ConlroclCovet\ADCL7832 07/02 r " KENT W.5MIHGT.. CONTRACTOR SERVICES AGREEMENT between the City of Kent and Frank Ferrante Productions, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Frank Ferrante Productions, Inc., C/o Mainstage Artists Management L.L.C. located and doing business at 8144A Big Bend Blvd.,St. Louis, MO 63119-3205, 314-962-4478 (hereinafter the"Contractor") I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City- Description: Contractor will present one public performance of"An Evening with Groucho" starring Frank Ferrante as part of the Kent Arts Commission's Spotlight Series. Start Time/Duration: 7.30 p.m /with one approximately 15 minute intermission Day, Date, Year: Thursday, March 6, 2008 Event Location: Kent-MendianHigh School Performing Arts Center, 10020 SE 256t'St., Kent,WA 98030 Merchandising: Contractor shall have the sole and exclusive right, but not the obligation, to sell merchandise directly pertaining to and/or bearing the likeness of Artist, inclusive of compact discs, at the performance. Contractor must provide all sales staff and will retain 100% of sales revenue. Lodging: City will provide two (2)hotel rooms for the nights of March 5 and March 6, 2008. Hospitality: City will provide hospitality backstage prior to performance according to Contractor's rider(attached) Billing: "An Evening with Groucho"starring Frank Ferrante. Contractor to receive 100% sole headline billing in all advertising, with exception of season brochure. Sponsorship: City reserves the right to obtain corporate sponsor(s)for Contractor's performance and will notify Contractor in advance of any sponsorship Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed 11. COMPENSATION. The City shall pay Contractor the total sum of $6,000 flat for the work to be performed under this Agreement, upon satisfactory completion of all services and requirements specified in this Agreement. A deposit of $3,000 00 will be paid, by City of Kent check, to Mamstage Artists Management LLC (Fed Tax ID #43-1777022) upon complete execution of contract. The balance of$3,000 00 will be paid, by City of Kent check, to Frank Ferrante Productions, Inc. (Fed Tax ID#27-0011037)on the day of the performance III. PRESS MATERIALS. Contractor agrees to provide to the City where appropriate, at his or her own expense, complete press materials, including hard copy or high resolution electronic photographs, biographic descriptions, and program materials, not less than six (6) weeks prior to the initial event date for the City's use in promoting the event. All publicity and promotional materials regarding the event released to the media or public by the Contractor shall credit the City of Kent for its support of the event or project IV. PERFORMANCE SPACE. The City agrees to furnish, at its sole cost and expense, a place of performance on the date(s) and at the time(s) contained in Section I. The City shall also provide ushers, a house manager, and box office staff and any additional services and personnel as required by the City, for the efficient operation of the engagement. Other arrangements will be the responsibility of the City and Contractor as follows below CONTRACTOR SERVICES AGREEMENT- 1 (Under$10,000—Sole Performer) Venue: City will provide proscenium theater* Kent-Meridian High School Performing Arts Center ► Sound: City will provide sound according to attached technical rider* Lights: City will provide general lighting according to attached technical rider Dressing Rooms: City will provide dressing room facilities. Technical Staff: City will provide sound and lighting technicians, and theater manager familiar with facility. Contractor will provide any other technical staff, including a road manager or technical director, necessary for the performance. *The attached technical rider is part of this agreement V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested primarily only in the results obtained under this Agreement and compliance with its terms and conditions. VI. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. Vil. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence, including assertions that the use or transfer of any software, book, document, report, film, tape or sound reproduction delivered in accordance with this Agreement constitutes an infringement of any copyright, patent trademark, trade name, or otherwise results in unfair trade practices. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification The provisions of this section shall survive the expiration or termination of this Agreement Vill. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. IX. TERMINATION AND BREACH. Either party may terminate this Agreement, with or without cause, upon providing the other party ninety (90) days written notice at its address set forth on the signature block of this Agreement All costs incurred by the City due to Contractor's failure to comply with the terms and conditions of this Agreement shall be the responsibility of the Contractor. The City may deduct its costs from any payments due to the Contractor or pro-rate the Agreement amount based upon the actual time of Contractor's performance compared to the contracted performance schedule X. IMPOSSIBILITY OF PERFORMANCE. Outdoor performances are considered "rain or shine" In the event that extreme inclement weather renders an outdoor performance impossible, the City will attempt to arrange an alternate performance space and Contractor will employ its best efforts to provide the contract work in that alternate performance space Neither party shall be under liability for failure to perform in the event that such failure is caused by or due to acts or regulations of public authorities, civil tumult, strike, epidemic or any other cause beyond the control of either party In the event of a failure to perform as provided in this section, neither party shall be liable for the balance of the Agreement. XI. MISCELLANEOUS PROVISIONS. A. Discrimination In the performance of work under this Agreement or any sub-contract, the Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person B. Recyclable Materials Pursuant to Chapter 3 80 of the Kent City Code, the City requires its Contractors to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. C. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect D Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement,the exclusive means of resolving that dispute, difference or claim, CONTRACTOR SERVICES AGREEMENT-2 (Under$10,000—Sole Performer) i shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law, provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement E Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. F Assignment Any assignment of this Agreement by either party without the written consent of the non- assigning party shall be void If the non-assigning party gives its consent to any assignment,the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. G. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. H. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail I Compliance with Laws The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or arising out of the performance of this Agreement IN WITNESS,the parties below execute this Agreement,which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: ��' B ,; rgn u I (signature) Print Na Vme• G FkJ €/L Print ame: Jeff Watling I Its Z -St c Its Director, Parks, Recreation and Community Services Title) DATE:— G (Title) 1061 DATE: NOTICES TO BE SENT TO: NOTICES TO"-SE SENT TO: CONTRACTOR: CITY OF KENT: i Iv- 1' & 15 a MT Ronda Billerbeck, Cultural Programs Manager r, City of Kent f (v - - 220 Fourth Avenue South Kent, WA 98032 (telephone) i 4- `?ro 'L- (L=cl L-) (facsimile) (253) 856-5050 (telephone) (253) 856-6050 (facsimile) P 1UMiOflMS1CONiRNCiVfenlWM.aMaW FINRISYagiXer�S�Nt NpewnxMWaryfGmlraclpe,lunsg„n�IErc CONTRACTOR SERVICES AGREEMENT-3 (Under$10,000-Sole Performer) r + EXHIBIT A INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. /1IAellS811-A U11 Producers andAgents in the Performing Arts Phone: (314) 962-4478 • Fax: (314) 962-6960 E-mail: main@mainstage-mgmt.com • www.mainstage-mgmtcom "AN EVENING WITH GROUCHO",TECHNICAL RIDER as of 12/9/02 "GROUCHO" SET PIECES (The look of the furniture should be old fashioned,i.e., 1930's or Victorian) 1 Sofa or love seat 1 Stuffed or wing back or high back chair 1 Small end table 1 Wood or brass hat rack 1 Small table (for make-up) 1 Straight-back chair for table 1 Large oriental rug 1 5-6 foot potted palm 1 Grand piano with stool or bench 1 Red Rose 6 - 10 Hardback Books SOUND 2 Wireless body mics (clip-on) for Groucho ARTIST has a pre-show audio cassette or CD to be used for intermission and exit as well. LIGHTING Three areas to be lit: Main center playing area, Make-up area at left and Piano area at right. Spotlight needed-Performer often in house Roughly 15 simple cues-can be run during tech STAGE Steps from down stage left, qanAdl right preferred to easily access house. HOSPITALITY Presenter must also provide two (2) top quality single rooms for artist for two(2) nights and all ground transportaton from the airport,the venue and the motel or hotel. Coffee and bottled water must be provided backstage before the performance and during intermission for the artists. SET LAY OUT OPoacd Palm Nnuvck G :nair OPiano r� Sofa Stur7cd End /Chair T.c61r Mn7�-up•rable Rag �" E STEPS